Norris v. Cape Elizabeth School District - Student Free Speech

In a victory for student free speech, a federal appeals court ruled that our client could not be suspended for so-called bullying after posting a note in a girl’s bathroom about sexual assault among students.

We sued because Cape Elizabeth High School suspended a student for bullying after she posted a note in a girl’s bathroom about sexual assault at her school.

We argued that the note was First Amendment-protected speech meant to call attention to sexual assault at the school and hold the school administration accountable for keeping students safe. Instead, the school punished the student, referred to as A.M. in the case, simply because her viewpoint offended the sensibilities of school administrators.

A.M., through her mother Shael Norris, filed a lawsuit with the ACLU of Maine in the U.S. District Court for the District of Maine in October 2019, challenging her suspension and moving for a preliminary injunction.

The court issued a preliminary injunction blocking A.M.’s suspension, prompting Cape Elizabeth Public Schools to appeal the decision to the U.S. Court of Appeals for the First Circuit.

In August 2020, the appeals court agreed with our arguments and affirmed the preliminary injunction blocking A.M.’s suspension. The decision was a victory for the rights of students to freely express themselves, making clear that a school is not permitted to punish students merely because they create discussions around controversial topics.

The following month, A.M.’s family and the Cape Elizabeth School District settled the lawsuit out of court. The school district agreed to permanently expunge the suspension from A.M.’s academic record.